In 1982, Grammy nominated reggae band Musical Youth achieved global success with their hit “Pass The Dutchie,” a song based on The Mighty Diamonds’ “Pass The Kouchie.” Three decades later, members Dennis Seaton, Michael Grant, Kelvin Grant, Frederick Waite Junior (Junior Waite), and a representative of Patrick Waite’s estate initiated legal proceedings in 2004 against their lawyers according to court documents obtained by WMV. This, after losing a previous dispute stemming from a 1984 agreement outlining the division of royalties between the owners of the copyright in the original work and the derivative work.
Some of the members of the Birmingham-based group were 11 to 15 years old when the song was released, claiming that their former lawyers, Woolf Seddon et al, provided bad advice regarding royalty money. These same solicitors, at the time, represented the owners of the copyright in the original work and also facilitated the 1984 agreement without informing their clients (Musical Youth).
There were 15 defendants in all including Anthony Seddon, Paul Woolf, Anthony Paul Cunningham, David Patrick Irving, Mohammed Yusef, Lloyd Ferguson (formerly of the musical group called “The Mighty Diamonds”), Fitzroy Simpson (formerly of the musical group called “The Mighty Diamonds”), Sparta Florida Music Group Limited, Music Sales Limited, Universal/Island Music Limited (formerly Island Music Limited), Rydim Music Limited, EMI Melodies Limited (formerly Leosong Copyright Service Limited), G Minor Music, Strictly Rockers Music, Eaton Music Limited.
The claimants alleged that Woolf Seddon engaged in a fraudulent breach of trust or fiduciary duty. The court, however, found the existing claim lacking in realistic chances of success. The proposed amendments failed to bolster the argument, leading to the refusal of the claimants’ application.
Proposed amendments by Musical Youth introduced allegations of misrepresentation, contending that Woolf Seddon knowingly concealed facts detrimental to the band members.The court deemed this a new claim, distinct from the original pleadings, and rejected the application on the grounds of lacking an arguable basis for fraud and being out of time.
Musical Youth then sought to introduce a conspiracy claim, alleging a deliberate combination between Woolf Seddon and other defendants to use unlawful means.The court found the allegations unclear and lacking factual basis, resulting in the refusal of permission to amend.
A new claim was introduced against all defendants, accusing them of knowing receipt or dishonest assistance. The court found that, even if there was a trust, it was likely a class 2 trust and, as such, the claim was statute-barred. Permission to amend was refused.
In a sweeping conclusion, the judge Mr. Justice Roth granted summary judgment in favor of Woolf Seddon. The judge remarked that the proceedings appeared to transform a claim for professional negligence into one for fraud or dishonest breach of trust, deeming the claims without merit. Additionally, the claimants’ application to amend the particulars of the claim was refused.
In an exclusive interview with WMV, the remaining band members Dennis Seaton and Michael Grant who are now well into their 50s open up about the case and tells about how dancehall pioneer Sugar Minott helped them establish their foothold in the music industry.
“The first time I ever entered the studio was in London,” Dennis recalled. “We actually went to do backing vocals for Sugar Minott, who was riding high in the UK charts. Sugar took us under his wing, always helping us out, even when we went to Jamaica and when he was here in the UK,” Dennis said.
Dennis explained how the original song was made and the contribution of Skatalite member Donat Roy Mittoo known popularly as Jackie Mittoo in bringing the song together.
“Jackie Mittoo worked with Sugar(Minott) as well. He helped UB40 with their first ‘Labor of Love’ album and provided us with musical arrangements. We didn’t realize he was one of the original writers of the riddim ‘Full Up,’ which led to the ‘Pass The Dutchie Riddim’ with him and Leroy Sibbles. Jackie and I share the same birthday, and he toured Ghana with us,” he said.
Despite early success, and being the first reggae band to get a Grammy nomination for “Best Newcomers” in 1983 at the 25th Annual Grammy Awards, dissension led to the band’s breakup by 1985. Dennis and Michael restarted the group in 2001 and today, they still tour despite never earning any publishing from the song.
“Musical Youth started with 5 people, and the oldest person was about 30 plus (Fred Weight Jr.). Junior, the drummer, died in the summer,” Dennis said.
Dennis, a devout Christian, said that due to their age, they had to change the lyrics of the song from “Kutchie” to “Dutchie,” but still the group members did not get a dollar for their creative input, in what he viewed at the time was an act of sabotage by the people who were trusted.
“This song, we had to change the lyrics. It’s known out there, and for some reason, our lawyer and our manager decided they weren’t gonna do anything about it. We had to get a musicologist in to check. When we approached the lawyer and took it to court, the judge said no, and so we had to step back and take it on the chin, so to speak. It’s not nice, but I suppose that’s the music business.
The Mighty Diamonds, Ferguson, Jackie Mittoo, Leroy Sibbles are among the publishers for ‘Pass The Dutchie” along with about ten other names.
Michael and Dennis say the main way they monetize the song is what they get from sales by the record company and performances.
“We were signed to MCA records, which is now Universal,” he said. “Back then, it was physical sales, but now we get paid on streaming. Artists from the 80s got a slightly better deal; we had more control in terms of physical sales, not in terms of how many physical sales were made,” he said.
The U.K. media pushed a false narrative about the song, claiming it was about drugs but the song triumphed just the same Dennis said; “We weren’t singing about anything bad; we were singing about a cooking pot. We were innocent kids, and there has been some confusion about ‘Pass Di Dutchie,’ caused by a racist newspaper trying to make it about drugs. Then the Americans took it another way because we were talking about a cooking pot, but they thought we were cooking pot (drugs).”
“The Mighty Diamonds’ song ‘Pass The Kutchie’ was the number one song in the UK, and we used to perform ‘Pass The Kutchie.’ Then the record label realized the song was blowing up the place, and we changed the lyrics because we knew we had to change the lyrics,” Dennis recalled.
Rock producer Peter Collins, Tony Owens and Pete Waterman are credited as producers for the U.K. hit.
Max Romeo filed a suit against Universal Music Group to claim 47 years of unpaid royalties
Max Romeo filed a lawsuit against Universal Music Group for 47 years of unpaid royalties, but Dennis says they will invoke the statute of limitations even if he wins and only get six years of royalty because that has been the nature of the music business, something he experienced first hand.
“It’s something I know to my great regret, 40 odd years in the business, it’s still the same. Record companies give black and reggae artists the rawest deal. Musical Youth was only on ten percent of whatever Universal made, and we still get nothing back for that. I suppose we were lucky in that we never owed the record company any money,” he said.
“Pass The Dutchie” is certified Gold in the UK and Canada and Michael surmises that the song’s global earnings has surpassed $100 million dollars and says the bulk of that went to the label.
“Physical sales, it’s over $100,000,000. It’s 5 million sales on the single alone. ‘Dutchie’ was in ‘The Wedding Singer’ and ‘Scooby Doo 2,’ we made money but we never made as much money as we should. At the time, I was being taxed even at 16 at 40% of whatever I made. I did make a lot of money in relative terms, and I am still getting paid 40 years later,” he said.
In October 1982, the groovy record climbed the top spot on the UK Official Singles Chart. It is their highest U.K. charting single which spent a total of 12 weeks on the chart. It achieved similar success in Ireland, Australia, Canada, and various other countries globally. Additionally, it secured a position within the top 10 on the Billboard Hot 100 chart in the United States. Musical Youth made history as the first black act to have a music video featured on the newly established MTV channel.
Their debut album, “The Youth of Today,” released in the same year, performed well by reaching the top 40 in the UK, Germany, and the US and breaking into the top 10 in Canada.
Keyboardist Michael, who lives in Canada, maintains a positive outlook on his career even though he and his group lost the case to own some publishing rights. “You know what, life is one of those things. As I’ve gotten older, it’s not been as bad as when I was younger. Dennis and I have had it good. Here we are enjoying the success. Other members of the band have passed away. At the time, I was very bitter, but as time goes on, I can see that there has been lots of stuff that happened to other band members. At the end of the day, I am just happy, and I am having so much fun now,” Michael said.
“If you had told me 40 years ago that Dennis and I would be still touring, I would’ve taken it,” Michael added.
The group’s subsequent 1982 single, “Youth of Today,” and “Never Gonna Give You Up” in early 1983, secured positions at number 13 and 6 on the UK charts, respectively, and enjoyed moderate success internationally. “Heartbreaker,” experienced also charted in the UK but all of those songs are owned by the record label.
Dennis and Michael said artists should try and own as many rights as possible for their music, not only for themselves while they are alive but for their children and family.
“If artists are not owning any rights, you are doing yourself a disservice. From the time I started recording, I was taught that a true artist only makes any money when they are dead. Case in point, Elvis Presley, Bob Marley because they are not there anymore,” Dennis said.
“Streaming has changed everything,” he said, with agreement from Michael. “Reggae was King” was their last album in 2018, and Dennis said he and Michael are recording a new album.
Last year August their 1994 compilation album “Anthology” released by Universal Music Group made its debut on the Billboard Reggae Albums Chart a month after they had performed at the 2022 Birmingham Commonwealth Games. The Best of Album 20 track album including U.K. chart hits like “Pass The Dutchie” “Tell Me Why” written by John Holt, “Youth Of Today” and “School Girl.”
“It’s always been about the song, the only difference is the big majors have the budget to promote the song,” they said.
